Common use of Limitations on Indemnification Under Section 3.2(a) Clause in Contracts

Limitations on Indemnification Under Section 3.2(a). (a) The Contributor shall not be liable under Section 3.2(a) hereof unless and until the total amount recoverable by the Indemnified Parties from the Contributor under Section 3.2(a) exceeds five hundred thousand dollars ($500,000), in the aggregate; PROVIDED, HOWEVER, that claims for Losses arising out of a breach of representation or warranty contained in Sections 2.1, 2.2, 2.4(a), 2.6, 2.7, 2.9 and 2.11 hereof shall not be subject to such deductible amount but shall be recoverable from the first dollar of Losses.

Appears in 1 contract

Samples: Contribution Agreement (Digital Realty Trust, Inc.)

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Limitations on Indemnification Under Section 3.2(a). (a) The Contributor shall not be liable under Section 3.2(a) hereof unless and until the total amount recoverable by the Indemnified Parties from the Contributor under Section 3.2(a) exceeds five hundred thousand dollars One Hundred Thousand Dollars ($500,000100,000), in the aggregate; PROVIDED, HOWEVER, that claims for Losses arising out of a breach of representation representations or warranty warranties contained in Sections 2.1, 2.2, 2.4(a)2.4, 2.6, 2.7, and 2.9 and 2.11 hereof shall not be subject to such deductible amount but shall be recoverable from the first dollar of Losses.

Appears in 1 contract

Samples: Contribution Agreement (Digital Realty Trust, Inc.)

Limitations on Indemnification Under Section 3.2(a). (a) The Contributor Contributors shall not be liable under Section 3.2(a3.2 (a) hereof unless and until the total amount recoverable by the Indemnified Parties from the Contributor Contributors under Section 3.2(a) exceeds five hundred thousand dollars One Hundred Fifty Thousand Dollars ($500,000150,000), in the aggregate; PROVIDED, HOWEVER, that claims for Losses arising out of a breach of representation representations or warranty warranties contained in Sections 2.1, 2.2, 2.4(a), 2.6, 2.7, and 2.9 and 2.11 hereof shall not be subject to such deductible amount but shall be recoverable from the first dollar of Losses.

Appears in 1 contract

Samples: Contribution Agreement (Digital Realty Trust, Inc.)

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Limitations on Indemnification Under Section 3.2(a). (a) The Contributor Transferor shall not be liable under Section 3.2(a) hereof unless and until the total amount recoverable by the Indemnified Parties from the Contributor Transferor under Section 3.2(a) exceeds five hundred thousand dollars One Hundred Thousand Dollars ($500,000100,000), in the aggregate; PROVIDED, HOWEVER, that claims for Losses arising out of a breach of representation representations or warranty warranties contained in Sections 2.1, 2.2, 2.4(a)2.4, 2.6, 2.7, 2.9 2.8 and 2.11 hereof shall not be subject to such deductible amount but shall be recoverable from the first dollar of Losses.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Digital Realty Trust, Inc.)

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